M.Sarath Kumar, v. The General Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2024

CORAM:

THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU M.Sarath Kumar ... Petitioner -vs1. The General Manager, Southern Railway Head Quarters, No.37MG, 2VH, Poonamallee High Road, 1st Floor NGO Building, Park Town, Chennai, Tamil Nadu-600 003.

2. The Assistant Division Engineer, Jolarpettai Railway Division, Tirupattur-Vaniyambadi Road, Tirupattur District-635 851.

3. The Tahsildar, Ambur Taluk Office, Tirupattur District-635 802.

4. Mr.Sekar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent herein to take implement the communication in Na.Ka.A2/491/2024 dated 06.05.2024 issued by the 3rd respondent herein in accordance with law.

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For Petitioner :

Mr.M.Marimuthu For R1 & R2 :

Mr.G.Ilangovan Central Govt. Standing Counsel For R3 :

Mr.Karthik Jeganath Govt. Advocate *****

O R D E R

(By the Hon'ble Acting Chief Justice) This Writ Petition has been filed for a direction to the 2nd respondent herein to implement the communication in Na.Ka.A2/491/2024 dated 06.05.2024 issued by the 3rd respondent herein in accordance with law.

2. When the matter is taken up for hearing, learned Standing Counsel appearing for the Railways submitted that pursuant to the intimation received from the 3rd respondent herein, Railways have been taking steps for removal of encroachment from the property in question by following due procedures as contemplated under the relevant Acts and Rules.

3. In view of the statement madeby learned Standing Counsel for Railways, we are of the view that no further orders need to be passed in this petition and the same is disposed of. Respondents1&2 are directed to ensure removal of encroachment as 2/4

per law within a period of six weeks from the date of receipt of a copy of this order, if there are no legal impediments to do so. No costs. [D.K.K.,ACJ.] [K.B.,J.] 31.07.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar To:

1. The General Manager, Southern Railway Head Quarters, No.37MG, 2VH, Poonamallee High Road, 1st Floor NGO Building, Park Town, Chennai, Tamil Nadu-600 003.

2. The Assistant Division Engineer, Jolarpettai Railway Division, Tirupattur-Vaniyambadi Road, Tirupattur District-635 851.

3. The Tahsildar, Ambur Taluk Office, Tirupattur District-635 802.

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HON'BLE ACTING CHIEF JUSTICE, AND K.KUMARESH BABU,J., ar 31.07.2024 4/4